What is the difference between eminent domain and inverse condemnation?

Eminent domain and inverse condemnation are two different concepts that involve the government taking of private property. Eminent domain is the power of the government to take private property for public use in exchange for just compensation. Inverse condemnation is when the government takes private property without going through the eminent domain process, and then paying the property owner for the value of the property after the fact. Eminent domain is the legal power of a government to take private property for public use, with just compensation. In Virginia, the power of eminent domain is set out in Article 1, Section 11 of the Virginia Constitution. This allows the government to forcibly acquire private property for public use, such as building highways, public parks, and public utilities. State and local governments can use this power, but it must be exercised in accordance with the procedure spelled out in the constitution. The government must provide just compensation for the value of the property and is also responsible for any relocation costs. Inverse condemnation is a legal term used to describe when the government takes private property for public use without going through the eminent domain process. This means that the government has seized the property without first providing just compensation to the property owner. In such cases, the property owner may bring a lawsuit against the government in order to receive compensation for the value of the property. However, inverse condemnation is only applicable in cases where the government is deemed to have acted in bad faith or has deprived the property owner of their rights.

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What is the difference between eminent domain and inverse condemnation?

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